Historically workers have been denied adequate occupational exposure information, which has led to epidemics of disease/death and lawsuit, including workers' compensation claims. Exposure to the SARS-CoV-2 (Coronavirus) virus has been no exception.
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Wednesday, November 17, 2021
Monday, October 18, 2021
Across Two Separate Settlements, EPA Commits to Expedite and Strengthen Asbestos Risk Reevaluation Under TSCA
The Asbestos Disease Awareness Organization (ADAO), an independent nonprofit dedicated to preventing asbestos exposure, announced it had reached two landmark legal settlements with the Environmental Protection Agency (EPA) that strengthen and broaden its work to evaluate the health risks of asbestos under the Toxic Substances Control Act (TSCA).
Friday, October 8, 2021
OSHA cites insurance agency for exposing workers to coronavirus
A federal workplace health investigation found that an auto insurance company ignored coronavirus safety requirements and allowed others displaying symptoms to work at the exact Denver location where an employee died with COVID-19.
Tuesday, September 21, 2021
Investing for the Next Pandemic
Preparing for the next pandemic is an essential need for all employers, employees, and insurance companies. The failure of the public health system to handle COVID-19 is evident as the death toll (675,400) fatalities) has now exceeded the 1918 Spanish Flu mortality rate. The US CDC is encouraging preparation by announcing the opportunity for final investment. It is also incumbent upon the workers’ compensation industry to expand its efforts for pandemic preparation
Tuesday, September 7, 2021
Methylene Chloride Continues to be a Fatal Hazard in the Workplace
Tuesday, June 22, 2021
A Potential Game-changer for Workers' Compensation
This week’s ruling by the United States Supreme Court [SCOTUS] is a potential game-changer for workers' compensation. SCOTUS unanimously ruled that the National College Athletic Association [NCAA] cannot restrict student-athletes from receiving payment for endorsements.
NJ Court Upholds Bar on Implementing Triennial Determination
Friday, June 18, 2021
What are you Looking Forward to After the Pandemic? What is in your Risk Budget?
Thursday, June 17, 2021
NJ Assembly Passes Amended Employment Bill
The NJ Assembly has approved (25 yes-0 no-15 not voting) and amended version of A2617 that Requires employers to provide hiring preference to employees who have reached maximum medical improvement following work-related injury.
Wednesday, June 16, 2021
Court Upholds Mandatory Vaccination or Termination
A Federal court has dismissed an action brought by 117 employees against Houston Methodist hospital’s policy requiring employees to be vaccinated against COVID-19 by June 7, 2021, or be terminated.
Vaccines highly effective against hospitalization from Delta variant
An encouraging analysis by PHE shows for the first time that two doses of COVID-19 vaccines are highly effective against hospitalization from the Delta (B.1.617.2) variant. Unfortunately, those who aren’t vaccinated face increased risk.
NJ Judges of Compensation Seek Return to State Pension System
Sunday, June 13, 2021
Cybersecurity Must be a Shared Responsibility
Thursday, June 10, 2021
OSHA Finally Acts: Is It Too Little and Too Late?
Wednesday, June 9, 2021
The Exclusivity Rule Is Not A Bar to a Discrimination Action
The New Jersey Supreme Court ruled that an employer could be liable under both the Law Against Discrimination Act [LAD] and the Worker's Compensation Act (WCA). Court reasoned that the dual remedies can work in harmony as they are both statutory claims. The Court noted that the common law remedies of the LADs are not prohibited by the WCA since they are statutory in nature. By allowing both claims to go forward, a worker is not limited to the statutory caps for recovery under the Worker's Compensation Act.
Tuesday, June 8, 2021
VA Podcast: Emerging from the Pandemic - New Guidelines are Out, Can We Trust Them?
Emerging from the Pandemic - New Guidelines are Out, Can We Trust Them?
Sunday, May 30, 2021
Death by Overwork
The consequences of working too much can have fatal consequences. The COVID-19 pandemic has accelerated this trend by extending work hours through remote work and eliminating time-off, including vacations. The toll on the American workforce is devastating, and the consequences on the entire workers’ compensation system are enormous.
Wednesday, May 12, 2021
OSHA cites 6 contractors for exposing workers to falls
Six contractors constructing luxury single-family homes at the future site of Hawthorne Estates in Medford put workers at risk of serious or fatal injuries by failing to comply with federal requirements to prevent falls, the leading cause of death in the construction industry.
After multiple on-site investigations, the U.S. Department of Labor’s Occupational Safety and Health Administration cited the companies for exposing workers to falls and other dangerous safety hazards while erecting walls and sheathing roofs.
OSHA initiated three of the inspections as part of its Regional Emphasis Program on Falls in Construction. During the first on Oct. 20, 2020, the compliance officer observed workers exposed to falls and other hazards. Inspectors observed the same hazards during a second inspection two days later, prompting the third inspection on Oct. 31.
After the three inspections, OSHA proposed total penalties of $244,397 and cited the companies collectively for four willful and 35 serious violations, including exposing workers to falls greater than 6 feet and not providing personal protective equipment. The companies, citations and proposed penalties are:
Company Name |
City |
State |
Citations |
Proposed Penalty |
Claudio DeSousa, operating as Lifetime Contractor Corp. |
Philadelphia |
PA |
$107,279 |
|
Lezinho Sousa, operating as Lifetime Contractor Corp. |
Pennsauken |
NJ |
$87,381 |
|
WSJ Construction |
Asbury Park |
NJ |
$16,383 |
|
Gustavo Quintomillno, operating as Lifetime Contractor Corp. |
Beverly |
NJ |
$12,874 |
|
LWJ Construction LLC |
Long Branch |
NJ |
$12,288 |
|
RMM Contractor LLC |
Long Branch |
NJ |
$8,192 |
"A fall can permanently alter or end a worker’s life in a matter of seconds," said OSHA Area Director Paula Dixon-Roderick in Marlton, New Jersey. "Contractors and subcontractors in the construction industry have a legal obligation to comply with the law and ensure their workers end their shifts safely. When employers fail to follow requirements, OSHA will hold them responsible to the fullest extent of the law.”
OSHA encourages employers to use its Stop Falls online resources, including detailed information on fall protection standards in English and Spanish. The site offers fact sheets, posters and videos that illustrate various fall hazards and appropriate preventive measures.
The companies have 15 business days from receipt of their citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to help ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance.
Friday, April 30, 2021
NJ Governor Murphy Signs the Healthy Terminals Act
Tuesday, April 13, 2021
NJ Supreme Holds Employers Responsible for Workers' Compensation Medical Marijuana Costs
The NJ Supreme has recognized that the workers’ compensation system has a legislative mandate to provide the safest medical care to cure and relieve occupational injuries. The Court acknowledged both state and Federal trends to provide non-addictive and non-fatal pain relief in place of the dangerous opioids.
The intent that embraced the creation and development of the social insurance system has given the Court a rational and logical basis, consistent with public policy, to order medical marijuana for palliative care.